Tsymbal, E.I., Dyachenko, A.P. European standards for the protection of children from the sexual abuse

Abstract: The article includes analysis of the correspondence of the Russian criminal and criminal procedural law to the standards of the Council of Europe Convention on the Protection of Children from Sexual Exploitation and Sexual Abuse (2007). The provisions of the Convention against discrimination of children require to guarantee the protection of sexual immunity of all persons under the age of 18. The authors offer to introduce the prohibition for any sexual contacts between the grown-up persons and the underage persons of 16 to 18 years old, if the latter are in vulnerable position. The article includes analysis of the issues, which need to be solved in order to provide rehabilitation for the children victims of sexual abuse, and to provide obligatory medical and social correction for the offenders. The authors offer to introduce a new legal institution into the Criminal Code of the Russian Federation — the obligatory correction measures. The authors also offer to implement into the Criminal Code of the Russian Federation the definition apparatus of the Convention, they analyze other amendments to the Criminal Code and Criminal Procedural Code of the Russian Federation, which need to be accepted In order to comply with the European standards.

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